5
4.
The request of the Inter-American Commission for the Court, based on Article 63(2)
of the American Convention, to request the State to adopt the following measures in
relation to the people included in its brief:
a)
Adopt, forthwith, all the measures that are necessary to guarantee the life and
personal integrity of the beneficiaries and by mutual agreement with the
beneficiaries and their representatives;
b)
Adopt forthwith all the measures necessary so that Mrs. Obtilia Eugenia Manuel
and the members of the OPIT and of Tlachinollan are able to continue with the work
of promoting and defending the human rights in Guerrero;
c)
Agree with the beneficiaries on the more appropriate mechanisms for the
implementation of the protective measures, in such a way as to ensure their
effectiveness and relevancy;
d)
Conduct an investigation into the facts that gave rise to the request for
provisional measures as a preventive mechanism to impede the occurrence of new
threats or possible attacks; and
e)
Inform on the actions taken in order to shed light on the origin of the threats
against the life and physical integrity of the beneficiaries that justify the invocation of
Article 63(2) of the American Convention.
5.
The brief of April 9, 2009 and its appendix, by which the Inter-American Commission
forwarded the copy of a “minutes of a work meeting with officers of different governmental
departments and representatives of the 'Tlachinollan’ Center”, meeting that was held on
April 3, 2009. The Commission “valu[ed] the will of the State as well as the agreements
entered into with the parties present in said meeting. Nevertheless, the Commission
consider[ed] that, in the first place, said agreement did not include all the beneficiaries in
respect of whom the provisional measures were requested and that, in the second place,
said measures were not enough or appropriate to terminate the extreme gravity, urgency
and imminent risk of the situation all of them lived".
6.
The Order of the President of the Court of April 9, 2009 (hereinafter, “the President’s
Order”) by which it was decided:
1.
To order the State to maintain the measures it was implementing, as well as to adopt,
forthwith, the additional measures necessary to protect the life and integrity of the […] people
[identified in the request of the Inter-American Commission], taking into account the seriousness of
the situation and the particular circumstances of risk […].
2.
To call upon the State to take all steps as may be necessary in order for the measures of
protection ordered in the […] Order to be devised and implemented with the participation of the
beneficiaries of such measures or their representatives so as to be diligently and effectively provided
and to, in general terms, keep them informed on the progress made in its enforcement.
3.
To call upon the State to inform the Inter-American Court of Human Rights, no later than
April 17, 2008, on the measures it has adopted in compliance with the […] Order.
4.
To request the beneficiaries of these measures or their representatives to present to the
Inter-American Court of Human Rights, within the term of five days, as of notice of the State’s report,
the comments they deem relevant.